Article IV: Judicial Policies

A. Charges and Hearings

1. Any member of the University Community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the Judicial Advisor responsible for the administration of the University judicial system. Any charge should be submitted as soon as possible after the event takes place, preferably within 28 days of the date of the incident.

2. The Judicial Advisor or a designee may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Judicial Advisor. Such disposition shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the Judicial Advisor may later serve in the same matter as the judicial body or a member thereof.

3. All charges shall be presented to the accused student in written form. A time shall be set for a hearing, not less than two nor more than fifteen class days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the Judicial Advisor.

4. Hearings shall be conducted by a judicial body according to the following guidelines.

a. Hearings normally shall be conducted in private.

b. Admission of any person in the hearing shall be at the discretion of the judicial body and/or its Judicial Advisor.

c. In hearings involving more than one accused student, the chairperson of the judicial body, in his/her discretion, may permit the hearings concerning each student to be conducted separately.

d. The complainant and the accused have the right to be assisted by any advisor they choose who is a member of the University community. The Advisor may not be an attorney. The complainant and/or the accused is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a judicial body.

e. The complainant, the accused, and the judicial body shall have the privilege to present and question witnesses, however, the judicial body may determine some questions inappropriate. In some extreme circumstances the Judicial Advisor may consider it inappropriate to allow the accused to directly question the accuser.

f. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson of the judicial body.

g. All procedural questions are subject to the final decision of the chairperson of the judicial body.

h. After the hearing, the judicial body shall determine (by majority vote if the judicial body consists of more than one person) whether the student has violated the Student Code as charged.

i. The judicial body’s determination shall be made on the basis of whether the evidence shows it is more likely than not (a preponderance of evidence) that the accused student violated the Student Code.

5. There shall be a single verbatim record, such as a recording of all hearings before the judicial body. Minutes of judicial hearings may be taken by a professional University secretary. These records are the property of the University.

6. Except in the case of a student charged with failing to obey the summons of a judicial body or University official, no student may be found to have violated the Student Code solely because the student failed to appear before a judicial body. In all cases, the evidence in support of the charges may be presented and considered.

B. Sanctions

1. The Dean of Students or a designee, when appropriate, reserves the right to notify parent(s) or guardian(s) of any or all levels of disciplinary sanctioning.

2. The following sanctions may be imposed upon any student found to have violated the Student Code:

a. Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.

b. Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.

c. Loss of Privileges - Denial of specified privileges for a designated period of time.

d. Housing Reassignment - Required move from housing unit to another on campus.

e. Fines - Previously established and published fines may be imposed.

f. Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

g. Discretionary Sanctions - Work assignments, service to the University or other related discretionary assignments (such assignments must have the prior approval of the Judicial Advisor).

h. College Suspension - Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

i. University Expulsion - Permanent separation of the student from the University.

j. On Notice - A written notice that a specified sanction may apply to any further violations.

3. More than one of the sanctions listed above may be imposed for any single violation.

4. If a student is found to have a pattern of violations of the Community Norms, Policies and Procedures, a sanction stronger than a warning may be issued.

5. Other than University expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s personal file in the Dean of Students’ office. Upon graduation, the student’s disciplinary record may be expunged with the exception of University Suspension, upon application to the Judicial Advisor. Cases involving the imposition of sanctions other than University Suspension shall be expunged from the student’s personal file eight years after graduation.

6. The following sanctions may be imposed upon groups or organizations:

a. Those sanctions listed above in Section B 2, a through j.

b. Deactivation - Loss of privileges, including University recognition, for a specified period to time.

7. In each case in which a judicial body determines that a student has violated the Student Code, the sanction(s) shall be determined and imposed by the Judicial Advisor. In cases in which persons other than or in addition to the Judicial Advisor have been authorized to serve as the judicial body, the recommendation of all members of the judicial body shall be considered by the Judicial Advisor in determining and imposing sanctions. The Judicial Advisor is not limited to sanctions recommended by members of the judicial body. Following the hearing, the judicial body and the Judicial Advisor shall advise the accused in writing of its determination and of the sanction(s) imposed, if any.

C. Interim Suspension

In certain circumstances, the Dean of Students, or a designee, may impose a University or Residence Hall suspension prior to the hearing before a judicial body.

1. Interim suspension may be imposed only: a) to ensure the safety and well-being of members of the University community or preservation of University property; b) to ensure the student’s own physical or emotional safety and well-being; or c) if the student poses an ongoing threat of disruption of or interference with the normal operations of the University.

2. During the interim suspension, students may be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Dean of Students or the Judicial Advisor may determine to be appropriate.

D. Appeals

1. A decision reached by the judicial body or a sanction imposed by the Judicial Advisor may be appealed by the accused students or complainants in writing to the Dean of Students, or designee, within five (5) class days of written notification of the decision. The Dean of Students will determine if the appeal should be heard by the Judicial Appeals Board, the Dean of Students or his/her designee.

2. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:

a. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Student Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.

b. To determine whether the decision reached regarding the accused student was based on substantial evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Student Code occurred.

c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.

d. To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

3. If an appeal is upheld by the Appeals Board or the Dean of Students, the matter shall be remanded to the original judicial body and/or Judicial Advisor for re-opening of the hearing to allow reconsideration of the original determination and/or sanction(s).

4. In cases involving appeals by students accused of violating the Student Code, review of the sanction by the Appeals Board or Dean of Students may not result in more severe sanction(s) for the accused student. Instead, following an appeal the Appeals Board or Dean of Studentsmay, upon review of the case, recommend a reduced sanction, but not increased sanction(s), imposed by the judicial body and/or Judicial Advisor.

5. In cases involving appeals by persons other than students accused of violating the Student Code, the Dean of Students, or the Judicial Appeals Board, may, upon review of the case, reduce or increase the sanctions imposed by the judicial body and/or judicial advisor or remand the case back to the judicial board and/or judicial advisor.